Amendment of Section 39

In the principal Act, for section 39, the following shall be substituted, namely:- "39. Sanction for prosecution, Arrest (1) No prosecution shall be instituted under this Act without the permission in writing of the Government. (2) Save as otherwise provided in this Act, no Court shall proceed with the trial of any offence made punishable by or under this Act or any rule, except on the complaint of or upon written information received from, the Public Health Engineer or any officer authorized by the competent authority. (3) The Chief Engineer, the Public Health Engineer, or any officer authorised in this behalf by the Competent Authority or any police officer who shall be, of, or equal to or higher than the status of a sub-inspector of police may arrest any person who commits in his view any offence against this Act or against any rule made there under, if,- (a) the name and address of such person be known to him; and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (4) No person so arrested shall be detained in custody after his true name and address are ascertained or without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the Court of such Magistrate. (5) If the competent authority has reason to believe that an offence has been committed in violation of any provisions of this Act or rules made thereunder, the owner, the person primarily liable for the payment of the charges for water, and the occupiers of the said premises shall be jointly and severally liable for such offence."